SANKER MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsels appearing on behalf of the parties.

(2.) THIS solitary appellant has preferred this appeal against his conviction for the offence under Section 395 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven years and pay a fine of Rs. 2,000/ -, in default, to undergo further simple imprisonment for six months as awarded on 08th May, 2002 by learned Additional Sessions Judge, Fast Track Court -2, Sitamarhi in Sessions Trial No. 179/93/23/2002 arising out of Majorganj P.S. Case No. 77/91.

(3.) THE prosecution to support the charge produced only Ext.1 and Ext.1/1, the two signatures of P.Ws.1 & 5 on the Fardbeyan and examined altogether six witnesses, out of whom, P.W.6, namely, Manju Devi, is non -else than wife of P.W.1, namely, Deena Nath Sah, who states in examination -in -chief that on hearing the voice of her husband opened the door and finding eight - ten miscreants and while trying to close the door she was dashed and the door was opened and she vehementally denied about identifying the appellant at this juncture. She was declared hostile and her attention was drawn only towards the statement recorded under Section 161 of the Code of Criminal Procedure that she in her said statement claimed to identify the appellant.